Author Archive: Robert Shibley

“NY JUDGE RULES POLYGAMY ON SAME LEVEL AS COUPLE RELATIONSHIPS.” I actually thought polygamy would be the next big thing after Obergefell, rather than the explosion of trans issues. Polygamy is an ancient practice, and I have no idea how, under current law, one can sustainably justify (for example) telling a devout Jordanian Muslim that in this country, two men can get married, but that three of the four wives he married in Jordan simply don’t count.

For an even more fun thought experiment, imagine trying to explain the moral case for that distinction to one of his wives, whose marriage our laws have totally erased. Enjoy!

RICH VEDDER ON THE HYPOCRISY OVER AMY WAX AND WHAT TO DO ABOUT IT. A government with a clue would have coupled its illegal student loan jubilee with an illegal immediate ceiling on how much federal loan money students may borrow for school. If we can’t have rule of law (and it looks like we can’t), at least the eternal spiral in college costs and college wealth would come to an abrupt end.

WHICH N.C. SCHOOLS HAVE BIAS RESPONSE TEAMS? My alma mater Duke, of course, has them, and yet somehow the “bias” continues. Weird, huh? Honestly, you ought to be ashamed to be on one of these teams.

WHY THE CANON WARS STILL MATTER.” Seriously, just say no to any further changes. Anyone who thinks at this point that the remnants of our culture need even MORE “deconstruction” is self-evidently nuts.

FOUR MAJOR PROBLEMS IN THE PROPOSED TITLE IX REGS: We briefly hit on two attacks on free speech and two on due process in our firm’s comment to the Department of Education about regulatory proposals that would roll back Trump-era Title IX reforms. It’s amazing how much precedent ED simply ignored. This might prove a bonanza for lawyers like me–in civil rights lawsuits, losing state insitutions pay the plaintiff’s fees–but it’s a terrible idea for colleges, students, taxpayers, and for our country.

And if you’re up for a much more comprehensive analysis of the proposed regs, check out FIRE’s comment as well.

LET THE LAWSUITS BEGIN! After 19 years at FIRE, the last few of them as executive director, today I moved into private practice at the law firm of Allen Harris, where I’ll continue my advocacy for students and faculty members in free speech and due process cases–but as their personal attorney. (Anyone at FIRE can tell you that individual cases were always my favorite kind of work.) Happily, I also get to continue writing and speaking on FIRE’s behalf as a FIRE Senior Fellow, so I will continue posting plenty of FIRE news here on Instapundit. And for the many readers who have supported FIRE over the years, thank you–and I hope you’ll keep doing so!

EAST CAROLINA U. TO N.C. TAXPAYERS: DROP DEAD. Land acknowledgements (you’d give the land back if you really thought you stole it), CRT, “inclusion” that just happens to mostly tell dissenters to shut up, you name it, at ECU’s faculty convocation this year. Wait a month and they’ll undoubtedly be upset that the state won’t give them more money, and totally mystified as to why.

JUST OUT: FIRE’S 2022-23 CAMPUS FREE SPEECH RANKINGS. With adminstrative behavior (such as disinvitation successes or professor punishments) now a part of the rankings, the University of Chicago retakes its place as #1, while Columbia University brings up the rear at an abysmal #203.

CLOUDFLARE GIVES IN AGAIN, THIS TIME TO ‘STOCHASTIC TERRORISM’ TYPE BALONEY. After putting up a big front about how they’re not going to deny people DDOS protection anymore, they do it anyway, even though it’s against their business interests, common sense, and even their own inclinations. Why does this keep happening? (Beware – it’s a Verge article, which I link only so you can see what the self-proclaimed great and good are telling themselves this week.)

I used to be confused about why we can’t even count on Adam Smith-style capitalist self-interest anymore. Increasingly, the only answer that makes sense is that someone with real, physical power is telling these Master of the Universe types (or just “implying” it, har har) that they had better do what they’re told, if they know what’s good for them. Mark Zuckerberg knows what I’m talking about…

A DECADE AFTER FUKUSHIMA DISASTER, FOES OF NUCLEAR POWER RECONSIDER. “‘As much as I think it is wrong to go into nuclear power, I have to ask myself this question,’ German Economy Minister Robert Habeck said this weekend at an open government day in Berlin. ‘It is complex.'”

It is not complex. Green Party member Robert Habeck and people like him are not fools. They are actively anti-human Marxists who are reconsidering things now only because they are worried that they will get the Ceaușescu treatment when the people they rule finally realize who sentenced them to freezing in the dark. Unless it’s Latin America or Africa, that’s always what the Communists end up doing to you.

GOTTA PAY FOR THE STUDENT LOAN FORGIVENESS SOMEHOW, I GUESS. “In upholding the constitutionality of [the National Park Service’s] permit and fee regime, the [D.C. circuit] court drew a bewildering distinction between the act of filming and other steps in ultimately communicating through film, holding that recording video “involves merely a noncommunicative step in the production of speech… Ansel Adams would enjoy full First Amendment protection to exhibit his famous National Park photos, but not in taking them.”

CAN THE UK SHOW US A BETTER WAY TO TEACH LAW? Maybe, though I strongly suspect that the only real way to deal with lawyers being so expensive and yet necessary is to have many fewer laws.

ALL IS PROCEEDING AS ANY IDIOT COULD HAVE FORESEEN.

  1. Canada socializes healthcare.
  2. Canada legalizes euthanasia.
  3. The Canadian government-controlled health care establishment realizes, “Hey, wait a minute, it’s cheaper if these people die, let’s pressure them into it.”
  4. “Euthanasia” is now Canada’s sixth-leading cause of death.

At no point does it seem to have occurred to anyone that giving the government strong financial incentive to want you dead was a bad idea.

THE ATTACK ON SALMAN RUSHDIE IS WHAT HAPPENS WHEN YOU EQUATE WORDS WITH PHYSICAL VIOLENCE. Too many Americans, especially younger ones, think it’s clever to equate offensive speech with physical violence as a way of shutting their opponents down, or justifying violent tactics to silence them. Yesterday we saw what that looks like in horrifying fashion: a 24-year-old man repeatedly stabbing a 75-year-old in the eye and the liver and severing the nerves in his arm, all for the non-crime of writing a book some people didn’t like. It’s way past time for the “speech is violence” people who infest every cultural institution in this country to grapple with the reality that what happened to Rushdie is exactly what they say they want for all of us.

SALMAN RUSHDIE ATTACKED ON LECTURE STAGE IN WESTERN NEW YORK. “An Associated Press reporter witnessed a man storm the stage at the Chautauqua Institution and begin punching or stabbing Rushdie as he was being introduced. The author was taken or fell to the floor, and the man was restrained.”

 

MAR-A-LAGO SEARCH WARRANT WAS APPARENTLY ISSUED BY A MAGISTRATE JUDGE. I mean no disrespect to federal magistrate judges – who are not Article III judges and are appointed to 8-year terms – but were I the FBI, I probably would have made the effort to try to get a full-on federal judge with a life term to sign off on a unprecedented search warrant for the former (and maybe future?) President’s house. The point of such life terms is to insulate such judges from political influence, and getting a warrant from someone not so insulated, on something as hot as this, is not a great look.

(I am ignoring the angle here that he had also represented employees of Jeffrey Epstein – it’s usually not fair to smear lawyers with their clients – but that’s not the best optics you could hope for either.)